MBNA court Activ Kapital

[shamrocker]

Hello,

 

Yes! Me again!

 

I have today received a court summons, issued by Activ Kapital in respect of a credit card balance with MBNA (Virgin). The total being claimed is £15000+.

 

Obviously, I'm not in a position to pay up and I don't honestly think I can afford to make any sort of serious monthly payment without resorting to family living off beans on toast.

 

The card was issued in 2005 and I think it was signed for online, however that bit is a bit sketchy. I recall the credit limit being £13,500 but it had started out at something like £3,500 and I was given regular limit increases by Virgin, plus batches of interest free credit cheques. Then one month my interest payments doubled and my finances ground to a bit of halt soon afterwards.

 

Default is stated as September 2012. Debt was assigned to AK a short while after.

 

This is a very serious matter for me and I'd like it resolved without losing the roof over my head.

 

Can you guys advise if there is potential for me defend the claim. I assume I'll need to get hold of the relevant legal documentation asap and also be willing to turn up in court.

 

Your advice on what to do next and what to expect further down the line would be very much appreciated.

[shamrocker]

Ok, having done some reading on the forum, I have a few questions:

 

Does the fact that I stopped making payments mean I am stumped? I did speak to them (may have been AK) prior to the default date and telling them I couldn't afford to make a satisfactory monthly payment (my offer of £10 a month wasn't deemed acceptable).

 

Is it worth me replying to the court stating my intention to defend the claim, and then hoping I can uncover something out of place that makes the debt unenforceable? Would the 'unenforceable' eventuality be a common occurrence, or am I clutching at straws?

 

Would it therefore be worthwhile chasing down the original credit agreement, as per many cases on here?

 

I don't recall any written default notice being received - how important is this? Is any proof of delivery/receipt needed with these things?

 

I'd be interested to hear some views/advice.

 

Thanks

[shamrocker]

After reading around the forum in more detail, I discovered the importance of the information contained within the 'Particulars of Claim' section on the court document. i.e. whether it makes mention to the specific agreement to which the claim applies, presence of default notice, etc. Therefore, I have listed the details below in the hope of attracting some comments (individual sums and dates changed slightly):

 

The claimant claims the sum of £15,970.57 for debt and interest. On 26/07/05 the defendant entered into an agreement with MBNA for a credit card under reference 0123456789012345. On 12/09/12 the defendant defaulted on the agreement with an outstanding balance of £15,009.98. On 22/11/12 the debt of £15,009.98 was assigned to Activ Kapital Portfolio AS Oslo Zug Branch. Notice of Assignment was sent to the defendant in accordance with s136 Law of Property Act 1925. AND THE CLIENT CLAIMS - 1. The sum of £15,970.57, 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from, etc..etc..

 

Thanks

[lukeman]

Hi Shamroker,

 

I am not expert and a newcomer here, just want to share my experience with Aktiv Kapita.

 

I took them to Court and WON for registering a false default with CRA and chasing me for a debt that did not exist.

 

These guys are willing to play dirty, thought you should be aware.

 

If I were you I would urgently request true SIGNED copy of credit agreement, Notice of termination, Notice of Default, Notice of Assignment and statement of account.

 

I believe these can be requested under certain CPR which the site admin could assist you on. (Ask Admin for Template under CPR.....)

 

In my case AK had tried to fake the above documents so I would suggest you urgently SAR MBNA and enclose £10 PO. In order to get genuine account information.

 

Once you have all the info and disclose from AK then could decide what to do in regards to ple.

 

Lastly make sure you stick to the time restriction for Acknowledgement of Service and filling upon receiving disclosure from AK.

[lukeman]

You should do the Acknowledgement of Service first check the deadline.

[shamrocker]

Thanks Lukeman, I appreciate your advice. Who was the original creditor in your case?

 

If I sort the Acknowledgement of Service and state that I will defend the whole claim, with the intention of going after the CCA and SAR, if the CCA come back and seems legit can I then withdraw my defence and opt for a different option later? If the CCA is fine, does that end my chances of defending the claim? I don't recall ever receiving a default notice - where does this fit in to the whole scheme of things?

 

I've read some good info on here in regards to CPR so I should be fine with this. I will try to get this done asap and posted off.

[lukeman]

Thanks Lukeman, I appreciate your advice. Who was the original creditor in your case?

 

If I sort the Acknowledgement of Service and state that I will defend the whole claim, with the intention of going after the CCA and SAR, if the CCA come back and seems legit can I then withdraw my defence and opt for a different option later? If the CCA is fine, does that end my chances of defending the claim? I don't recall ever receiving a default notice - where does this fit in to the whole scheme of things?

 

I've read some good info on here in regards to CPR so I should be fine with this. I will try to get this done asap and posted off.

 

In my case the OC was GE Money (edge store card).

 

In regards to Acknowledgement of Service and other legal fillings I would urge the experts (Site Admin) to assist as I wouldn't want to give you wrong info.

 

Mate, don't panic too much yet and if I were you I would send the SAR to MBNA asap as it takes 40 days. At the same time send the request for disclosure under CPR to AK by recorded delivery.

 

Lastly in your earlier post you mentioned online application ? did you sign the form and sent it back ?

 

Please let us know how you applied for this card, do you still have the original application form, maybe check your email account...

[shamrocker]

In my case the OC was GE Money (edge store card).

 

In regards to Acknowledgement of Service and other legal fillings I would urge the experts (Site Admin) to assist as I wouldn't want to give you wrong info.

 

Mate, don't panic too much yet and if I were you I would send the SAR to MBNA asap as it takes 40 days. At the same time send the request for disclosure under CPR to AK by recorded delivery.

 

Lastly in your earlier post you mentioned online application ? did you sign the form and sent it back ?

 

Please let us know how you applied for this card, do you still have the original application form, maybe check your email account...

 

I'm really not sure on how I applied for the card. I've had a few over the years and I do recall physically signing some and posting them back to the company, but all applications would have initiated online and I certainly didn't sign something for them all. Does this, in your view, affect matters? If so, in what way?

 

My only real defence with this case is the paperwork, but the more I've been reading other threads the more I'm wondering if defending is worth the hassle, particularly when reading about the potential for costs being added. Or, is it worth at least pushing ahead with the a CCA request to AK. The particulars only mentions 'an agreement' but nothing on the exact nature of the agreement nor it's legal significance.

 

I would certainly appreciate some admin advice on this, as you suggest.

[AndyOrch]

On receipt of any claim the first important rule is to request the CCA which the claim relies upon even before a CPR...they can ignore the CPR but not a section 77/78 request CCA.

 

Andy

[shamrocker]

On receipt of any claim the first important rule is to request the CCA which the claim relies upon even before a CPR...they can ignore the CPR but not a section 77/78 request CCA.

 

Andy

 

Thanks Andy. In requesting the CCA, is this done AFTER dealing with the acknowledgement of service and, presumably, stating that I wish to defend the claim?

 

If the CCA turns up and is a solid agreement, can I then take a change of direction and then admit the claim?

 

I am I right in assuming it's pointless even planning for a specific line of defence until the CCA shows up (or does not show up)?

 

Thanks again.

[AndyOrch]

Thanks Andy. In requesting the CCA, is this done AFTER dealing with the acknowledgement of service and, presumably, stating that I wish to defend the claim? I normally advise as soon as the envelope hits your doormat

If the CCA turns up and is a solid agreement, can I then take a change of direction and then admit the claim? Yes you can withdraw but can they comply?

 

I am I right in assuming it's pointless even planning for a specific line of defence until the CCA shows up (or does not show up)? You can always draft a vague CPR compliant holding defence stating you require further information.

 

Thanks again.

 

Regards

 

Andy

[shamrocker]

Regards

 

Andy

 

Thanks Andy. I appreciate you taking the time to offer advice.

 

One final thing before I go looking for the correct letter template(s) - assuming the CCA does not show up, is there any realistic chance for the absence of a CCA to provide me with, for want of a better term, an odds-on chance of winning my defence case in front of a judge? I have read many different threads on the forum which have kind of sent my head in a spin, but my overriding thoughts are that the claim is very likely to be awarded in the absence of the CCA because the judge sides with the claimant. I also read a warning you gave to someone that many cases are lost and end up having costs added.

 

Might the claimant back off if presented with this request when they don't have the proper agreement?

 

I don't really want to chase a lost cause and certainly can't afford for the claim to increase from the level it's at right now. Sorry if I'm a bit naive on these matters, I'm slowly gaining a better understanding with reading the various threads belonging to others.

[AndyOrch]

I appreciate if this proceeds it will be in the Fast Track so you must be aware of the costs risks.The agreement is pre 2007 so the original agreement will be required to enforce the debt.

Requesting a copy of the agreement is your legal right as is requesting documentation to clarify the alleged debt and that due process has been followed before instigating litigation.

 

If they want a judgment and probably a Charging Order might has well make them work for it.

[shamrocker]

I appreciate if this proceeds it will be in the Fast Track so you must be aware of the costs risks.The agreement is pre 2007 so the original agreement will be required to enforce the debt.

Requesting a copy of the agreement is your legal right as is requesting documentation to clarify the alleged debt and that due process has been followed before instigating litigation.

 

If they want a judgment and probably a Charging Order might has well make them work for it.

 

Thanks Andy. Fully understood and I agree, may as well see where a few letters gets me.

 

Should I do this acknowledgement of service as soon as practicable or leave it to the latest possible time and therefore, maybe make them sweat?

 

Lastly, on the CCA letter, do I have to sign it and do I have to provide proof of ID? I have read conflicting advice and don't want to compromise my efforts over something quite trivial.

[AndyOrch]

Yes dont be in rush to acknowledge...just before the allowed time expires.There is no requirement to sign a section 77/78 request but they could use it to frustrate your request so I would advocate signing it in a unique way...line through it or on a background of dots.No proof required.Just make sure its recorded and you have a paper trail.

[shamrocker]

Yes dont be in rush to acknowledge...just before the allowed time expires.There is no requirement to sign a section 77/78 request but they could use it to frustrate your request so I would advocate signing it in a unique way...line through it or on a background of dots.No proof required.Just make sure its recorded and you have a paper trail.

 

Cheers Andy! I will report back on this.

 

Is there any need to do a SAR to MBNA at the same time, or shall I leave this for later?

 

Sorry for all the questions - they just seem to occur to me every time you provide me with info. I think I'm done now though.

 

Thanks again - greatly appreciated.

[AndyOrch]

BY all means send a DSAR but dont rely on it in time for a defence......you can send CPR 31.14 or 18 for documents referred to in their particulars and information thats not using the 18.

[shamrocker]

Is this the correct CCA request letter?

 

------------------------------------------------------------------

[AndyOrch]

Important to head it it " I do not acknowledge any debt with your Company "

[shamrocker]

Important to head it it " I do not acknowledge any debt with your Company "

 

Hi Andy

 

Sorry, I did not see your advice above and the letter was sent.

 

I've had an acknowledgement back from them. They say they cannot provide the requested documentation within the requested timescale and, therefore, the account has been put on hold and removed from the collection process whilst they await the requested information.

 

Can you advise on my next step. I still have not completed the Acknowledgement of Service. The last day is Monday, I believe, and my intention was to do this online.

 

Many thanks!

[AndyOrch]

Then complete it and state your intention......defend all I assume?

[shamrocker]

Then complete it and state your intention......defend all I assume?

 

Hi Andy

 

On the basis of non-compliance with CCA, yes.

 

Once I've acknowledged the claim with the court, is it simply a case that I file a defence unless I am advised differently by the court? i.e. AK drop the claim.

 

I'm just trying to get my head around the possible chain of events that may lie ahead.

 

Would it be worthwhile trying to chase down some other info relating to the account from MBNA in the meantime? What about the Default Notice? I have no recollection of ever receiving one - though, admittedly, I have no understanding as to it's significance in any prospective defence of this claim.

 

Thanks again.

[lukeman]

Indeed complete acknowledgement before the deadline.

 

Stand your ground mate and tell them to put up the cca or shut up frankly.

[shamrocker]

Thanks Lukeman. Nice to see you're still around and offering support.

 

I have a few days yet to file, so will leave it as long as possible.

[AndyOrch]

Hi Andy

 

On the basis of non-compliance with CCA, yes.

 

Once I've acknowledged the claim with the court, is it simply a case that I file a defence unless I am advised differently by the court? i.e. AK drop the claim. Yes 14 days after Acknowledgement and you wont be advised of anything until a defence is submitted and on time

 

I'm just trying to get my head around the possible chain of events that may lie ahead.

 

Would it be worthwhile trying to chase down some other info relating to the account from MBNA in the meantime? What about the Default Notice? I have no recollection of ever receiving one - though, admittedly, I have no understanding as to it's significance in any prospective defence of this claim.

 

Thanks again.

 

Have you not already requested information vis a CPR 31.14?

 

Andy